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The Responsibility to Prevent: Overcoming the Challenges of Atrocity Prevention
Serena K. Sharma (ed.), Jennifer M. Welsh (ed.)
https://doi.org/10.1093/acprof:oso/9780198717782.001.0001
Published online:
22 October 2015
Published in print:
01 August 2015
Online ISBN:
9780191787294
Print ISBN:
9780198717782
Search in this book



CONTENTS

 1. Expand Front Matter
    * Copyright Page
      * Notes
      * Notes
    * Acknowledgements
      * Notes
      * Notes
    * List of Figures
      * Notes
      * Notes
    * List of Tables
      * Notes
      * Notes
    * List of Abbreviations
      * Notes
      * Notes
    * List of Contributors
      * Notes
      * Notes
 2. Introduction
    * Notes
    * Notes
 3. Expand Part I Concepts and Capacities
    * 1 Conceptualizing the Responsibility to Prevent
      * Notes
      * Notes
    * 2 Institutional Capacities of the United Nations to Prevent and Halt
      Atrocity Crimes
      * Notes
      * Notes
    * 3 National Focal Points for R2P: Institutionalizing the Responsibility to
      Prevent
      * Notes
      * Notes
    * Notes
 4. Collapse Part II Targeted Preventive Tools
    * 4 Mediation and Sanctions: Applying Conflict Prevention Tools in Atrocity
      Crime Settings
      * Notes
      * Notes
    * Collapse 5 The International Criminal Court and the Prevention of Crimes
      * Expand Targeted and Systemic Prevention: The ICC’S Ability to Deter or
        Prevent the Crimes under its Jurisdiction Targeted and Systemic
        Prevention: The ICC’S Ability to Deter or Prevent the Crimes under its
        Jurisdiction
        * The Idea of Deterrence The Idea of Deterrence
        * The Idea of Prevention The Idea of Prevention
        * Expand The ICC’s Tools for the Systemic Prevention of Crimes The ICC’s
          Tools for the Systemic Prevention of Crimes
          * Outreach Outreach
          * Early Warning Early Warning
          * Preliminary Examinations Preliminary Examinations
          * Pre-trial and Trial Proceedings Pre-trial and Trial Proceedings
          * Moral, Legal, and Strategic Pressure Moral, Legal, and Strategic
            Pressure
          * Capacity Building Capacity Building
        * Expand ICC Country Studies in Prevention ICC Country Studies in
          Prevention
          * Colombia Colombia
          * Democratic Republic of the Congo Democratic Republic of the Congo
          * Guinea Guinea
          * Ivory Coast Ivory Coast
          * Kenya Kenya
      * Conclusions Conclusions
      * Notes
      * Notes
    * 6 Military Options for Preventing Atrocity Crimes
      * Notes
      * Notes
    * 7 Combating Atrocity-justifying Ideologies
      * Notes
      * Notes
    * Notes
 5. Expand Part III Case Studies
    * 8 The Possibilities for Preventive Deployment: The Case of Macedonia
      * Notes
      * Notes
    * 9 The Responsibility to Prevent Atrocity Crimes: Drawing Lessons from
      International Intervention in Burundi
      * Notes
      * Notes
    * 10 The 2007–8 Post-election Crisis in Kenya: A Case of Escalation
      Prevention
      * Notes
      * Notes
    * 11 Guinea: An Overlooked Case of the Responsibility to Prevent in Practice
      * Notes
      * Notes
    * 12 Libya and the Prevention of Atrocity Crimes: A ‘Controversial Success’
      * Notes
      * Notes
    * Conclusion: An Integrated Framework for Atrocity Crime Prevention
      * Notes
      * Notes
    * Notes
 6. Expand End Matter
    * Bibliography
      * Notes
      * Notes
    * Index
      * Notes
      * Notes

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The Responsibility to Prevent: Overcoming the Challenges of Atrocity Prevention
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Chapter


5 THE INTERNATIONAL CRIMINAL COURT AND THE PREVENTION OF CRIMES

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Dan Saxon
Dan Saxon
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https://doi.org/10.1093/acprof:oso/9780198717782.003.0006
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119–159
 * Published:
   August 2015


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Saxon, Dan, 'The International Criminal Court and the Prevention of Crimes', in
Serena K. Sharma, and Jennifer M. Welsh (eds), The Responsibility to Prevent:
Overcoming the Challenges of Atrocity Prevention (Oxford, 2015; online edn,
Oxford Academic, 22 Oct. 2015),
https://doi.org/10.1093/acprof:oso/9780198717782.003.0006, accessed 22 Dec.
2024.
Select Format Select format .ris (Mendeley, Papers, Zotero) .enw (EndNote)
.bibtex (BibTex) .txt (Medlars, RefWorks) Download citation
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ABSTRACT

Using interviews and legal and diplomatic documents, this chapter analyses the
limited evidence available concerning the ability of the ICC to prevent crimes
that are associated with the responsibility to protect. It discusses the
targeted and systematic justice-building processes that appear to have the best
preventive potential, and describes the situations in four countries where the
ICC is currently active and explores whether the ICC has prevented serious
international crimes in those areas. A number of obstacles to the ICC’s
prevention efforts are examined. The chapter tentatively concludes that the
presence of relatively strong national institutions may increase the potential
for the ICC to prevent and/or deter the commission of crimes. Thus, for the long
term, the ICC’s strongest tool for the prevention of crime may be its ability to
convince states to reform their own judicial institutions so that these bodies
have the capacity to protect fundamental human rights.

Keywords: prevention, deterrence, International Criminal Court, ICC, outreach,
early warning, Rome Statute, referral
Subject
International Relations
Collection: Oxford Scholarship Online

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